Transcript The error of one moment becomes the sorrow of a whole life.

Traffic Safety in the
Workplace-CDL Laws
and Restrictions
Presented by:
Joe Austin and Kenneth
Stecker
September 2012
Commercial Drivers’ Licenses
Basics
Who is responsible
for keeping
dangerous
commercial drivers
off the road?
Major Developments
in Transportation
• Shipping to rail to highways (trucks)
• Prior to 1986-unregulated and varying
from state to state
• 1986 – Congress enacted the Commercial
Motor Vehicle Safety Act to improve the
safety of commercial motor vehicle (CMV)
drivers throughout the nation
CDLIS
(Commercial Drivers License Information System)
• Created as a result of the Commercial Motor
Vehicle Safety Act of 1986 (CMVSA)
• Intended to serve as a pointer system for
information related to CDLs
• Prior to issuing new CDL, states must query
CDLIS to determine status in other states.
• Only as strong as the information it receives
Title 49
Code of Federal Regulations
• Violations – 49 CFR 383.51
• Licensing Requirements – 49 CFR 383
and 384
• Definitions – 49 CFR 390.5 and 383.5
Michigan Public Act
181 of 1963
• Adopts most of the FMCSR’s as State Law
• Provides some exemptions for intrastate
carriers.
• Sets penalties for citations issued by a
state or local law enforcement officer.
ACT 181 Penalties
• Basic violations of the act are a state civil
infraction with a fine of not more than $250.00
for each violation.
• A driver or motor carrier operating a vehicle in
violation of an out-of-service order is responsible
for a state civil infraction and shall be assessed
a fine of not more than $500.00.
• Operating a commercial motor vehicle with a
serious safety defect is a state civil infraction
and shall be assessed a fine of not more than
$500.00 for each violation.
Hazardous Material Violations
480.17c
• Violation of Hazardous Material Regulations is a
state civil infraction with a fine of not more than
$500.00 for each violation.
• knowingly or willfully violating HMR’s is a
misdemeanor punishable by imprisonment for
not more than 1 year or a fine of not more than
$500.00, or both, for each violation.
Terms to Remember
• CMV-Commercial Motor Vehicle
• CDL-Commercial Driver’s License
• GVWR-Gross Vehicle Weight Rating
(assigned by manufacturer-not the actual weight)
• GCWR-Gross Combination Weight Rating
(assigned by manufacturer-not the actual weight)
• FMCSA-Federal Motor Carrier Safety
Administration
GVWR
Commercial Motor Vehicle Definition
(49 C.F.R. § 382.107)
_______________________________________________________________________________________________________________________________
________________
Single/combination vehicle used in commerce to
transport people or property if
1.
2.
3.
4.
Has GCWR of 26,001 or more inclusive of towed unit with GVWR
or more than 10,000 pounds OR
Has a GVWR of 26,001 pounds OR
Is designed to transport 16 or more passengers, including the
driver OR
Any size or type of vehicle actually used to transport hazardous
materials [for purposes of Hazardous Material Transportation Act
(49 U.S.C. 5103(b))] requiring the vehicle to be placarded
pursuant to Hazardous Materials Regulations (49 CFR part 172,
subpart F)
Types of CMV
(49 C.F.R. § 383.91)
• Group A- Combination Vehicle Group
• Group B- Heavy Straight Vehicle
• Group C- Small Vehicle
Group A- Combination Vehicle
Any combination of vehicles with a GCWR
of 26,001 pounds or more provided the
GVWR of the vehicle being towed is more
than 10,000 pounds.
Group B- Heavy Straight
Vehicle
Any single vehicle with a GVWR of 26,001
or more or any such vehicle towing a
vehicle not in excess of 10,000 pounds.
Group C- Small Vehicle
Any single vehicle or combination o f
vehicles not meeting the definition of
Group A or Group B that is designed to
transport 16 or more passengers
(including the driver) OR is used in the
purposes of the Hazardous Materials
Transportation Act and which requires the
vehicle to be placarded under the
Hazardous Materials Regulations (49
C.F.R. Part 172).
VEHICLE / CDL TYPES
Pick Up
Truck -Tractor and
Semi Trailer
CDL A
Straight Truck
CDL B
Over 26,001 lbs.
VEHICLE / CDL TYPES
Truck Tractor Semi-Trailer
Dump Truck
5 axle Tandem-Tandem – CDL A
3 axle dump CDL B
Truck Tractor
Double Semi-Trailers
B-Train CDL A (T) Endorse
Truck - Tractor
“Bobtail”
CDL B
257.77 Truck-Tractor: means every motor vehicle designed and used
primarily for drawing other vehicles, and not so constructed as to carry a
load other than a part of the weight of the vehicle and load so drawn,
except that a truck tractor and semi-trailer engaged in the transportation
of automobiles may transport motor vehicle on part of the power unit.
Dump Truck and Full Trailer
CDL A
Truck
CDL B
Rollover-container Truck
257.75 Truck: means every motor vehicle primarily designed, used, or
maintained for the transportation of property.
Truck and Semi-Trailer Combination
CDL A
Pickup Truck and Semi-Trailer
CDL A/B/or chauffeurs license?
There is no statutory definition of a pickup truck. A.G. Opinion is
that a pickup is a vehicle that is constructed as such without
alteration. (i.e. if the bed is intact and no alterations are made than
it is a pickup truck).
Pickup Truck and Semi-Trailer
A semi-trailer is the proper class for (goose neck trailer) which does not
require it to have safety chains. Privately owned and used for transport of
recreational equipment. NO CDL.
Truck Tractor and Semi-Trailer
With or without alterations this is a Truck-Tractor
Full Trailer
Trailer : Every vehicle with or without motive power,
other than a pole-trailer, designed for carrying property
or persons and for being drawn by a motor vehicle and
so constructed that no part of its weights rest upon the
towing vehicle.
What is a CDL?
• 1986 Commercial Motor Vehicle Safety Act
• Specialized license required by all states to
operate CMVs (buses, tractor trailers, tow
trucks)
• Uniform system of testing and licensing
• Uniform system of disqualification for major
and serious violations of traffic laws
A driver can only have
ONE CDL!
Federal law prohibits drivers from
holding a CDL in more than one state.
Who needs a CDL?
• Most operators of CMVs
• Some exemptions apply
• States may require non-commercial type
license for larger vehicles
Is the vehicle used to transport
hazardous/toxic material (which is
should be placarded) as classified by 49
U.S.C. 5103/49 C.F.R. Part 172 or 42
C.F.R. Part 73 or designed to transport
16 or more passengers including the
driver?
Is the GCWR/GVWR*
of the vehicle or
vehicles >26,001 lbs.?
No
Yes
No
No
Is the driver operating a
vehicle that is a combination
vehicle?
No
Is the GVWR
of the power unit
alone >26,001 lbs?
Yes
NO CDL
REQUIRED
Yes
No
Is the total GVWR of the vehicle(s)
being towed >10,000 lbs?
Yes
Yes
Class B CDL
Class A CDL
Class C CDL
Exemptions & Waivers
• Waiver - 49 CFR 381.200 - temporary regulatory relief
from one or more FMCSR given to a person subject to
the regulations under 49 CFR 382,383,390.19,
390.21,391,393, 395, 396,396.25, 399
• Exemption – 49 CFR 381.300 - temporary regulatory
relief, renewable for up to two years, from one or more
FMCSR given to a person or class of persons subject to
the regulations, or who intend to engage in an activity
that would make them subject to the regulations under
49 CFR 382, 383, 391, 392, 393, 395 396, 396.25 399
– Farmers/agriculture
– Military
-Firemen or women
-Others
Three Classifications of CDL
• Class A for larger trucks and combination
vehicles (tractor trailers, tankers, etc.)
• Class B for single trucks (dump trucks) or
large passenger vehicles (interstate motor
coach)
• Class C for smaller passenger vehicles
(16 including driver) or hazmat transport
State Obtained CDL Endorsements
•
•
•
•
•
Hazardous Materials
Tank Vehicles
Passenger Vehicles
School Bus
Double/Triple Trailers
License Restrictions May Apply
• 49 CFR 383.95
• Air Brake
• Medical Variance Restrictions
CDL Requirements
• Drivers must fulfill specific state
requirements for licensing
• Drivers must be qualified per state and
federal regulations in order to receive a
CDL
Basic Prerequisites
•
•
•
•
•
CDLIS check – no disqualifications
No current suspensions, revocations
Proof of legal presence
English proficiency
Criminal history check not required for
most CDL applicants (hazmat does require
this)
Driver Testing
• Testing is fairly uniform throughout a state
and across the country
• Testing must include both skills and
knowledge based portions
• Drivers must test in appropriate CMV
• Learner’s permit may be issued
Three Part Skills Test
• Pre-trip inspection
• Basic vehicle control
• On road driving
Medical Conditions Can Disqualify Driver
49 CFR 391.41
• Any illness, injury or prescription that
impairs
• Methadone use/Alcoholism/Drug Use
• Chronic conditions (epilepsy, apnea,
balance disorders)
• Multiple other conditions may disqualify if
they impair or could impair driving ability
Medical Examination
•
•
•
•
•
By physician or other approved examiner
No medical drug screen required
Basic screening (self-reporting)
Some conditions prevent qualifications
Some conditions can be given medical
waiver
• Driver must carry medical certificate
Upcoming Changes
• CDL Self Certification. Starting on
January 30, 2014 interstate drivers will no
longer be required to carry a medical
certificate. It will be part of their CDLIS
record.
• National Registry of Medical Examiners
will require drivers to obtain a medical
exam only from medical examiners in the
registry.
CMV Drug Testing
• Pre-employment tests may not be kept
• Only a percentage of an employers drivers
must be tested for drugs and alcohol
• Not all drugs detected by employer
screens
Many criminal and traffic laws
affect CDL holders differently
• Any felony in ANY motor vehicle
disqualifies CDL holder for 1 yr.
• Second major violation can disqualify for
LIFE
• Definition of conviction is different under
federal regulations
Handheld Mobile Telephone
FMCSR 392.83
• a(1) No driver shall use a hand-held
mobile telephone while driving a CMV
• (2) No motor carrier shall allow or require
its drivers to use a hand-held mobile
telephone while driving a CMV
Definition
• For the purpose of this section only, driving
means operating a commercial motor vehicle on
a highway, including while temporarily stationary
because of traffic, a traffic control device, or
other momentary delays. Driving does not
include operating a commercial motor vehicle
when the driver has moved the vehicle to the
side of, or off, a highway and has halted in a
location where the vehicle can safely remain
stationary.
Emergency Exception
• Using a hand-held mobile telephone is
permissible by drivers of a CMV when
necessary to communicate with law
enforcement officials or other emergency
services.
Mobile Telephone
• -means a mobile communication device
that falls under or uses any commercial
mobile radio service, as defined in
regulations of the Federal
Communications Commission, 47 CFR
20.3.
• It does not include two-way or Citizens
Band Radio services.
Use a hand-held mobile telephone
means:
• (1) Using at least one hand to hold a mobile
telephone to conduct a voice communication;
• (2) Dialing or answering a mobile telephone by
pressing more than a single button, or
• (3) Reaching for a mobile telephone in a manner
that requires a driver to maneuver so that he or
she is no longer in a seated driving position,
restrained by a seat belt that is installed in
accordance with 49 CFR 393.93 and adjusted in
accordance with the vehicle manufacturer's
instructions.
Texting- FMCSR 392.80
• Prohibition. No driver shall engage in
texting while driving.
• Motor carriers. No motor carrier shall allow
or require its drivers to engage in texting
while driving.
Definition
• For the purpose of this section only, driving
means operating a commercial motor vehicle,
with the motor running, including while
temporarily stationary because of traffic, a traffic
control device, or other momentary delays.
Driving does not include operating a commercial
motor vehicle with or without the motor running
when the driver moved the vehicle to the side of,
or off, a highway, as defined in 49 CFR 390.5,
and halted in a location where the vehicle can
safely remain stationary.
Emergency exception.
• Texting while driving is permissible by
drivers of a commercial motor vehicle
when necessary to communicate with law
enforcement officials or other emergency
services.
TEXTING while driving a CMV
• Texting means manually entering alphanumeric
text into, or reading text from, an electronic
device.
• (1) This action includes, but is not limited to,
short message service, emailing, instant
messaging, a command or request to access a
World Wide Web page, pressing more than a
single button to initiate or terminate a voice
communication using a mobile telephone, or
engaging in any other form of electronic text
retrieval or entry, for present or future
communication.
Texting does not include:
• Inputting, selecting, or reading information on a
global positioning system or navigation system;
or
• Pressing a single button to initiate or terminate a
voice communication using a mobile telephone;
or
• Using a device capable of performing multiple
functions ( e.g., fleet management systems,
dispatching devices, smart phones, citizens
band radios, music players, etc. ) for a purpose
that is not otherwise prohibited in this part.
257.602b
• (1) Except as otherwise provided in this section, a
person shall not read, manually type, or send a text
message on a wireless 2-way communication device that
is located in the person's hand or in the person's lap,
including a wireless telephone used in cellular telephone
service or personal communication service, while
operating a motor vehicle that is moving on a highway or
street in this state. As used in this subsection, a wireless
2-way communication device does not include a global
positioning or navigation system that is affixed to the
motor vehicle. Beginning October 28, 2013, this
subsection does not apply to a person operating a
commercial vehicle.
257.602b
• (2) Except as otherwise provided in this section, a
person shall not read, manually type, or send a text
message on a wireless 2-way communication device that
is located in the person's hand or in the person's lap,
including a wireless telephone used in cellular telephone
service or personal communication service, while
operating a commercial motor vehicle on a highway or
street in this state. As used in this subsection, a wireless
2-way communication device does not include a global
positioning or navigation system that is affixed to the
commercial motor vehicle. This subsection applies
beginning October 28, 2013.
Masking is Prohibited by Federal Law
(49 C.F.R. § 384.226)
The State must not mask, defer imposition of
judgment, or allow an individual to enter into a
diversion program that would prevent a CDL driver’s
conviction for any violation, in any type of motor
vehicle, of a State or local traffic control law (except a
parking violation) from appearing on the driver’s
record, whether the driver was convicted for an
offense committed in the State where the driver is
licensed in another State
Conviction Pursuant to 49 C.F.R §383.5
Any unvacated adjudication of guilt, or a
determination that a person has violated or failed
to comply with the law in a court of original
jurisdiction or by an unauthorized administrative
tribunal, an unvacated forfeiture of bail or collateral
deposited to secure the person’s appearance in
court, a plea of guilty or nolo contendre accepted
by the court, the payment of a fine or court cost, or
violation of a condition of release without bail,
regardless of whether or not the penalty is
rebated, suspended, or probated.
Safety Inspections
• Prior to operation, drivers must inspect
vehicle
• A driver may not operate or be forced to
operate a vehicle he or she deems unsafe
• Federal law prohibits employers from
retaliating against drivers who refuse to
operate unsafe vehicles
Records
• CMV drivers are required to carry certain
documents with them at all times
• Documents should be carried indicating
operational ability and purpose of vehicle
• Documents must be carried indicating
valid license of driver, medical certification
hours of service and other documents as
required by law
Hour of Service Rules
• Basic guidelines set by federal law determine
how long a driver may safely operate a
commercial vehicle
• Driving time and rest periods are mandated
• Drive time accumulates over days with
maximum consecutive days on duty set as well
• Carriers should be aware of recent changes to
HOS rules
• Latest rules available at FMCSA website
Hours of Service
• Drivers are required to keep records or
‘logs’ of their drive times and mandated
rest periods
• Logs may be hand-written or electronic
• Safety inspectors can assist with
interpretation of logs and should be
contacted if violation is suspected
• State rules may stricter
Hours of Service
• HOS rules differ depending on load (cargo
vs passenger)
• Some exceptions will apply (emergency
severe weather, some load content, etc.)
• Time spent as licensed driver
accompanying another driver holding a
learner’s permit is considered as ‘on duty’
time
Out of Service Orders
• Unsafe conditions revealed by inspection
or investigation may result in out of service
orders
• Out of service orders can be issued to
vehicle or driver or entire fleet
• Only designated safety inspectors can
issue out of service orders
Out of Service Order
• May be issued to driver for any critical
violation (alcohol use, violation of hours of
service, etc.)
• Order remains in effect at least until
condition corrected
• Violation of order may result in CDL
disqualification from 180 days to one year
INDUSTRY FAIRNESS
• (Carriers in Compliance)… expect
and deserve a level playing field
where they can compete with others
in their business who also follow the
rules…
• NDAA CDL Monograph
PROSECUTION / Civil Action
15 U.S.C. §45
• (1) Unfair methods of competition in or affecting
commerce, and unfair or deceptive acts or practices
in or affecting commerce, are hereby declared
unlawful.
(2) The Commission is hereby empowered and
directed to prevent persons, partnerships, or
corporations… common carriers subject to the Acts
to regulate commerce… from using unfair methods
of competition in or affecting commerce and unfair
or deceptive acts or practices in or affecting
commerce.
Post Crash
• Law enforcement may seize/keep vehicle
• Company may receive request for
permission to download data recorder
• Subpoenas may be issued for employment
records of driver or repair records for
vehicle involved
• Subpoena may be issued for any post or
pre-crash drug test of driver
Interstate Carriers
• Strictly controlled by federal law
• New applicants must apply
• Carrier subject to inspection and control by
federal and state authorities
Employees
• Employers have federal duty to use only
licensed and qualified drivers
• Additional civil duty may require
background screening (no federal
requirement)
• Must remove unsafe drivers
Drug testing
• No government drug tests for drivers
• All testing employer based
• Testing must follow federal protocols
• Positive tests require employer action
Drug Testing
• Random testing
• Reasonable suspicion testing
• Post crash testing
Must follow federal guidelines
• Medical marijuana disallowed
• Methadone disallowed
• DOT policy may trump employment law
provisions
Drug Free Work Place Act 1988
• All grant funded employers
• Contracted with Federal government
Reporting Dangerous CDL Holders
• Drivers with apparently impairing medical/mental
health issues
• Drivers with apparent drug or alcohol active
addiction or patterns of abuse
• All defendants with apparent drug or alcohol
active additions or abuse
• All defendants with apparent mental health or
medical issues that could impair ability to
operate CMV safely
• Who else???
Compliance Review
• Carriers are subject to review
• Employee records scrutinized
• Entire fleet and safety practices subject to
inspection
• Detailed records must be kept in
accordance with state and federal law
Out of Service Orders
• Some vehicles or entire fleet may be
placed out of service
• If carrier is placed out of service for critical
violations (those potentially causing
imminent harm), corrective action can
restore status
Useful websites
• Federal Motor Carrier Safety
Administration-USDOT regulations
– www.fmcsa.dot.gov
• Michigan State Police Commercial Vehicle
Enforcement Division
– www.michigan.gov/motorcarrier
• Michigan Center for Truck Safety
– www.truckingsafety.org
QUESTIONS?